Contributors

UNIT-1
INTELLECTUAL PROPERTY RIGHTS
Introduction
Intellectual property (IP) is a term referring to creation of the intellect (the term used in studies of the
human mind) for which a monopoly (from greek word monos means single polein to sell) is assigned to
designated owners by law. Some common types of intellectual property rights (IPR), in some foreign
countries intellectual property rights is referred to as industrial property, copyright, patent and trademarks,
trade secrets all these cover music, literature and other artistic works, discoveries and inventions and words,
phrases, symbols and designs. Intellectual Property Rights are themselves a form of property called
intangible property.
Although many of the legal principles governing IP and IPR have evolved over centuries, it was not
until the 19th century that the term intellectual property began to be used and not until the late 20th century
that it became commonplace in the majority of the world.
Types of Intellectual Property
The term intellectual property is usually thought of as comprising four separate legal fields:
1. Trademarks
2. Copyrights
3. Patents
4. Trade secrets
1. Trademarks and Service Marks: A trademark or service mark is a word, name, symbol, or
device used to indicate the source, quality and ownership of a product or service. A trademark is used in
the marketing is recognizable sign, design or expression which identifies products or service of a particular
source from those of others. The trademark owner can be an individual, business organization, or any legal
entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake
of corporate identity trademarks are also being.
General Logos:
The Trademark Registration Logo
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In addition to words, trademarks can also consist of slogans, design, or sounds. Trademark provides
guarantee of quality and consistency of the product or service they identify.
Companies expend a great deal of time, effort and money/ in establishing
consumer recognition of and confidence in their marks.
Federal Registration of trademarks:
Interstate use of trademarks is governed by federal law, namely, the United States Trademark Act
(also called the Lanham Act), found at 15 U.S.C 1051et seq. In the United States, trademarks are generally
protected from their date of first public use. Registration of a mark is not required to secure protection for a
mark, although it offers numerous advantages, such as allowing the registrant to bring an action in federal
court for infringement of the mark.
Applications for federal registration of trademarks are made with the PTO. Registration is a fairly
lengthy process, generally taking anywhere from twelve to twenty-four months or even longer. The filing
fee is $335 per mark (Present $225 per class) per class of goods or services covered by the mark.
A trademark registration is valid for 10 years and may be renewed for additional ten year periods
thereafter as long as the mark is in used in interstate commerce. To maintain a mark the registrant is
required to file an affidavit with the PTO between the fifth and sixth year after registration and every ten
years to verify the mark is in continued use. Marks not in use are then available to others.
A properly selected, registered and protected mark can be of great value to a company or individual
desiring to establish and expand market share and better way to maintain a strong position in the
marketplace.
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2. Copyrights: Copyright is a form of protection provided by U.S. law (17 U.S.C 101 et seq) to the
authors of "original works of authorship" fixed in any tangible medium of expression. The manner and
medium of fixation are virtually unlimited. Creative expression may be captured in words, numbers, notes,
sounds, pictures, or any other graphic or symbolic media. The subject matter of copyright is extremely
broad, including literary, dramatic, musical, artistic, audiovisual, and architectural works. Copyright
protection is available to both published and unpublished works.
Copyright protection is available for more than merely serious works of fiction or art. Marketing
materials, advertising copy and cartoons are also protectable. Copyright is available for original working
protectable by copyright, such as titles, names, short phrases, or lists of ingredients. Similarly, ideas
methods and processes are not protectable by copyright, although the expression of those ideas is.
Copyright protection exists automatically from the time a work is created in fixed form. The owner
of a copyright has the right to reproduce the work, prepare derivative works based on the original work
(such as a sequel to the original), distribute copies of the work, and to perform and display the work.
Violations of such rights are protectable by infringement actions. Nevertheless, some uses of copyrighted
works are considered “fair use” and do not constitute infringement, such as use of an insignificant portion
of a work for noncommercial purposes or parody of a copyrighted work.
Definition:
General Definition of copyright “Copyright owner”, with respect to any one of the exclusive rights
comprised in a copyright, refers to the owner of that particular right.
Federal Registration of Copyrights: The works are protected under federal copyright law from the
time of their creation in a fixed form. Registration, however, is inexpensive, requiring only a $30 (present
$85) filing fee, and the process is expeditious. In most cases, the Copyright Office processes applications
within four to five months.
Copyrighted works are automatically protected from the moment of their creation for a term
generally enduring for the author’s life plus an additional seventy years after the author’s death. The policy
underlying the long period of copyright protection is that it may take several year for a painting, book, or
opera to achieve its true value, and thus, authors should receive a length of protection that will enable the
work to appreciate to its greatest extent.
3. Patents: A patent for an invention is the grant of a property right to the inventor, issued by the United
States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which
the application for the patent was filed in the United States or, in special cases, from the date an earlier
related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective
only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent
term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to
exclude others from making, using, offering for sale, or selling” the invention in the United States or
“importing” the invention into the United States. What is granted is not the right to make, use, offer for
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